Telangana High Court
WP/33799/2011 of Vaageshwari Talent School Vs The Deputy Transport Commissioner on 29 December 2011
SRI JUSTICE K.C.BHANU WRIT PETITION No. 33799 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the seizure and continued detention of the Swaraz Mazda Mini bus bearing TR No.AP36TKTR8633 Engine No.GE94M65277 Chassis No. MA1HB2GEAA3B11355 of
THE HON’BLE SRI JUSTICE K.C.BHANUWRIT PETITION No. 33799 OF 2011ORDER :
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1. This Writ Petition is filed seeking to issue a writ ofmandamus declaring the seizure and continued detentionof the Swaraz Mazda Mini bus bearing TRNo.AP36TKTR8633 Engine No.GE94M65277 ChassisNo. MA1HB2GEAA3B11355 of the petitioner educationalinstitution under vehicle check report No.A 728835, dated05.12.2011 by the second respondent as illegal andarbitrary and consequently direct the respondents torelease the vehicle in question forthwith.
2. Heard both sides.
3. The petitioner institution is the owner of the vehiclein question. In pursuance of the check report No.A728835, dated 05.12.2011, the second respondentseized the vehicle on the ground that the vehicle wastransporting students of the school without validdocuments i.e. it was being plied without registration, noproof of payment of tax, no permit, no insurance, drivinglicence not produced and no number in front and backside of the vehicle. At the same time, the vehicle cannotbe permitted to be detained with the authorities and if thevehicle is exposed to sun and rain, it would be damaged.
4. Therefore, interim custody of the vehicle in questionshall be given to the petitioner subject to payment ofactual tax and compounding fee and also Rs.10,000/-which shall be subject to the decision that may be takenby the respondents in pursuance of the check report. Itis also made clear that the petitioner shall not use thevehicle without registration certificate, fitness certificate,permit and insurance certificate.
5. The Writ Petition is, accordingly, disposed of. No costs.
--------------------- (K.C.Bhanu, J.)29.12.2011DRKTHE HON’BLE SRI JUSTICE K.C.BHANU
WRIT PETITION No. 33799 OF 2011
29.12.2011